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1954 Supreme(Cal) 27

K.C.DAS GUPTA, DEBABRATA MOOKHERJEE
MANIK RATAN GUIN – Appellant
Versus
PRAKASH CHANDRA – Respondent


Advocates Appeared:
Arun Kumar Janah, MANINDRA KISHORE SINGH, MANISHI KUMAR DAS, MRITYUNJOY DE, PANNALAL CHATTERJI, Rabindra Nath Mitra, SAMBHU NATH BANERJI, SARAT CHANDRA JAIN, SUSHIL KUMAR BISWAS

K. C. DAS GUPTA, J.

( 1 ) THESE two appeals are by the defendants in two suits against whom the claim of the holder of two hundis in whose favour they had been endorsed by the payee of hundi, the Midnapur Branch of the Bank of Calcutta, for the amount due on the hundi with interest had been allowed.

( 2 ) IN Appeal No. 136 of 1949 the appellants Manick Ratan Guin and Nakul Ratan Guin were the drawees, of the hundi, the drawer being Krishna Charan Guin. They were accepted by Manick Ratan and Nakul Ratan on the very date the hundi was drawn and it was transferred by the payee hank on 18-4-1947. In Appeal No. 137 of 1949 Manick Ratan is the drawer of the hundi while the other appellant Prosanta Kumar Sen Gupta is the drawee who accepted it on the same date. This also was transferred by the Bank on 24-5-1947. The transfer in both the cases was by wav of adjustment against dues of the transferees against the Bank on account of several deposits. Of the several defences taken, we are concerned with only a few now. The first of these is that the transfer was altogether void as it was against the order of the High Court in proceedings before the Original Side of the Court. The second defe














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